After trying to read numerous Pro Se pleadings, it is with sincere gratitude to the judiciary who (hopefully) felt compelled to have decent, simple forms created. Click HERE to review and download forms.
After reading The Fraternity: Lawyers and Judges in Collusion by John F. Molloy, it became apparent that the convoluted legal system was intentional.
“The once-honorable profession of law now fully functions as a bottom-line business, driven by greed and the pursuit of power and wealth, even shaping the laws of the United States outside the elected Congress and state legislatures.”— Justice John F. Molloy
There have been several reviews of the late Justice Molloy’s memoirs – some more poignant than others as this instructive dissertation leaves the “non-member” with a reluctant feeling that the system is completely stacked against the citizens.
“Judge Molloy regales his readers with how much money he made as a trial lawyer after leaving the bench, even admitting “We were infatuated with the flow of delightful cash.” And to make certain you’re suitably impressed, he goes as far as helpfully calculating the present value of his old law firm earnings.
But then on the other hand and only at the end of his career, does the 74-year old former trial and appellate judge belatedly call for incremental reform of a legal system that’s been “massaged” by “a Fraternity composed of lawyers and judges . . . into something quite different from what was intended — one that derives powers from claiming to have come from our Forefathers, but which in fact is a system that has been restructured, almost beyond recognition, by the Fraternity, for the benefit of the Fraternity,”” remarks The Irreverent Lawyer.
At no time in recent history has the number of average citizens filing Pro Se in the court system(s) increased in such huge proportions than in the last decade with the fraudulent securitized foreclosure system. The cost of legal defense for the average homeowner (as well as a good attorney – and yes, there are decent foreclosure defense attorneys) to defend foreclosure is tremendously expensive. However, with that said, the “fraternity” has made the system so complicated and the procedures so convoluted that without decent representation it is nearly impossible to have an understandable defense even considered by the lower court judge – and without the precise issues before the lower court, not to mention following the ever-changing fraternity procedure – the appellate court can’t even consider the causes of action necessary (if they were even pleaded) to defend the case.
Judge Molloy takes the reader through the evolution of justice to “today where the skill and gamesmanship of lawyers, not the truth, often determine the outcome of a case. And [..] lawyers love it. All the tools are there to obscure and confound. The system’s process of discovery and the exclusionary rule often work to keep vital information off-limits to jurors and make cases so convoluted and complex that only lawyers and judges understand them.
The net effect has been to increase our need for lawyers, create more work for them, clog the courts and ensure that most cases never go to trial and are, instead, plea-bargained and compromised. All the while the clock is ticking, and the monster is being fed.
The sullying of American law has resulted in a fountain of money for law professionals while the common people, who are increasingly affected by lawyer-driven changes and an expensive, self-serving bureaucracy, are left confused and ill-served.
Today, it is estimated that 70 percent of low-to-middle-income citizens can no longer afford the cost of justice in America. What would our Founding Fathers think?
This devolution of lawmaking by the judiciary has been subtle, taking place incrementally over decades. But today, it’s engrained in our legal system, and few even question it. But the result is clear. Individuals can no longer participate in the legal system.” Justice Molloy.
One can only hope that the courts are concerned and have thus, created new forms in response to questioning what has happened to our justice system and to wonder if it is possible to return to a system that truly does protect us from wrongs.
This, however, doesn’t change the constant lobbying by the financial services industry (especially the Mortgage Bankers Association) that has been pushing hard for one-sided changes to the rules and procedures for years. Lobbying the judiciary, as well as the legislative branch, should be made completely unlawful.